On November 17, 2021, the EEOC updated its technical guidance on COVID-19 and anti-discrimination with a new anti-retaliation section. The new section largely restates existing statutory anti-retaliation protections in the context of COVID-19. The guidance provides several examples of COVID-related protected activity, which include filing a charge with the EEOC alleging that an employer has … Continue Reading
In recent weeks, there have been numerous widely reported incidents of employees, particularly those in the health care industry, claiming that they have been retaliated against for reporting health and safety concerns related to COVID-19. Such complaints are indicative of the kinds of whistleblower and retaliation claims employers are likely to see in the near … Continue Reading
As reported in Proskauer’s Labor Relations Update blog, the NLRB issued an important opinion on December 17, 2019 relating to employer rules requiring confidentiality from employees during workplace investigations. Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019). The Board held, in a reversal of the Obama-era Board, that employers may require … Continue Reading
On Thursday March 23, 2017 at 9:00 a.m., Lloyd Chinn will speak on “Practical Advice and Tips for Managing Whistleblowing Employees: Where Do We Go After the Volcano Blows?” at the 2017 Midwinter Meeting of the ABA Section of Labor and Employment Law’s Employment Rights and Responsibilities Committee in Puerto Vallarta, Mexico. Chinn is a partner … Continue Reading
On Monday, February 27, 2017, Proskauer Partner Steve Pearlman, co-head of the Firm’s Whistleblowing & Retaliation Group, will present on key considerations for crafting effective employment-related agreements, including separation and settlement agreements, at a program developed by Compliance Week and Financial Research Associates. This in-depth conversation will allow senior compliance, finance, and audit executives the … Continue Reading
On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the Whistleblower, MaryAnn Garrahan, Director of OSHA’s Whistleblower Protection Program, and plaintiff-side practitioner, Jason Zuckerman. The participants discussed: the SEC Whistleblower Reward Program; … Continue Reading
OSHA has issued new guidance on approving settlement agreements in whistleblower cases, revising portions of its Whistleblower Investigations Manual. The guidance, dated August 23 but not released until September 15, states that settlements approved by OSHA cannot contain provisions discouraging employees from making future disclosures or contacting the government. It also sets forth other settlement … Continue Reading
For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims. According to the EEOC, the revised guidance is necessary in light of several court decisions, including the Supreme Court’s decision in Univ. of Tex. SW Med. Ctr. v. Nassar, 133 S. Ct. 2517 (2013), … Continue Reading
This morning, Lloyd Chinn, co-Chair of Proskauer’s Whistleblowing & Retaliation Group, joined a distinguished panel, including Solicitor of Labor M. Patricia Smith, on a panel discussing the DOL’s recently expanded Whistleblower Protection Program and its recently modified procedures for investigating and adjudicating whistleblower claims. The expert panel offered practical insights on litigating before the DOL and … Continue Reading
As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in settlement agreements that prohibit or otherwise restrict customers or anyone else (such as current employees) from communicating with the Securities Exchange Commission (SEC), FINRA, or … Continue Reading
As reported by the Wall Street Journal, the Obama administration will seek to remove the $1.6 million cap on rewards to whistleblowers who provide evidence of criminal conduct by financial executives under the 1989 Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).… Continue Reading
On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule 21F-17, which prohibits any action that would “impede” an individual from communicating with the SEC about securities law violations, … Continue Reading
Steven J. Pearlman, co-head of Proskauer’s Whistleblower & Retaliation Group, recently delivered a PODCAST for TheCorporateCounsel.net, focusing on the implications of the U.S. Supreme Court’s first SOX whistleblower decision, Lawson v. FMR. This Podcast captures Pearlman’s interview with Randi Morrison, where Ms. Morrison presents the following questions: Can you describe the Majority’s ruling and the reasoning it … Continue Reading
On April 30, at 12:00 – 1:30 Central, Proskauer will participate in a webinar through BNA with leaders from the SEC, CTFC and OSHA whistleblower programs and a plaintiffs’-side whistleblower attorney. The webinar will focus on cutting-edge developments in the Sarbanes-Oxley and Dodd-Frank whistleblower arenas. The program, which will provide a range of competing perspectives, … Continue Reading
In a January 27, 2014 article penned by Rachel Louise Ensign in the Wall Street Journal (Risk and Compliance Journal) titled “Why 2014 Could be Huge for Corporate Whistleblowers,” Steven Pearlman, partner and co-head of Proskauer’s Whistleblower Practice Group, commented on the need for employers to encourage employees to lodge complaints internally without fear of … Continue Reading
In an insightful and timely article that appeared on WSJ.com yesterday (subscription required), Steven J. Pearlman, co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the uptick of whistleblower complaints arising from compliance employees.… Continue Reading
In a Law360 article (subscription required), Steven J. Pearlman, co-head of Proskauer’s Whistleblower & Retaliation Group, commented on a “troubling” ruling recently rendered by the Merit Systems Protection Board (“MSPB”) in Day v. Department of Homeland Security, No. DC-1221-12-0528-W-1 (June 26, 2013). In that decision, the MSPB gave retroactive effect to the broadened definition of “protected … Continue Reading
In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the “controversy” surrounding the requirement some employers impose upon employees to report misconduct internally. Pearlman noted that “[t]he plaintiffs bar and defense attorneys are sharply divided over the issue, with the whistleblower office opposed to mandatory reporting.” … Continue Reading
In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability. Underlying Pearlman’s advice is the premise that “[i]t is better for the company and the shareholders alike for complaints to be lodged internally and to be brought to the company’s … Continue Reading
On Tuesday, March 26, 2013, Proskauer’s Whistleblower & Retaliation Practice Group will be hosting the first of several webinars as part of the Whistleblowing & Retaliation Webinar Series. The first program, titled SOX and Dodd-Frank Whistleblower Claims and Bounties: Understanding the New Landscape and Minimizing the Risks, will focus on the surge in whistleblower and … Continue Reading
The new SEC bounty-hunter regime, the explosion in whistleblower claims, and the increasing severity and complexity of those claims raises the specter of government investigations and criminal sanctions. Our readers have requested our insight and lessons learned, so we offer the following.… Continue Reading
Here are the TOP 10 STEPS public and private employers should consider taking to minimize the risk of whistleblower retaliation claims and build defenses where litigation is unavoidable. These steps are based on lessons learned through litigating whistleblower cases to verdict and counseling employers to minimize the risk of litigation. One important theme underlying these … Continue Reading
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